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Monday, April 27, 2015

A Letter For Bill Blake

April
23, 2015

Salvatore
Tornabene

[redacted]

Easton,
PA 18045

Attorney William Blake

[redacted]

Bethlehem Pa
18020

Dear Attorney Blake,

It
is my understanding you are an official ballot candidate for the vacancy of
Magisterial District Judge at District Court 03-2-03 in Bethlehem
Township. As a concerned citizen and
resident of Bethlehem Township, I am writing on behalf of myself and a number
of other Bethlehem Township resident voters to inquire whether you have
obtained a Formal Opinion from the Judicial Ethics Committee of the
Pennsylvania Conference of State Trial Judges in regard to your eligibility to
actually serve as the District Judge in Bethlehem Township if you were to be
elected.

My
concern is I am aware that your brother, Sgt. Rick Blake is a high ranking
supervising officer in the Bethlehem Township Police Department, and your wife,
Assistant District Attorney Kristine Blake is a practicing prosecutor in
Northampton County and both of these relationships present a conflict of
interest. Has the Judicial Ethics
Committee of the Pennsylvania Conference of State Trial Judges rendered an
opinion informing you that you can preside over any and all Bethlehem Township
Police Department criminal cases? It is
my understanding that District Court 03-2-03 will only be covering Bethlehem
Township Police Department matters starting January 1, 2016. If the relationship with your brother being a
sergeant supervising officer conflicts with your ability to oversee and make
judicial decisions in a non-bias manner how will you even be able to preside
over any criminal matters that would come before you if elected as District
Judge? Additionally, your wife is a member of the Northampton County District
Attorney’s Office and is responsible for prosecuting cases that will come
before you if elected as District Judge, how is this not another conflict
regarding your ability to preside as District Judge? Is there a formal opinion
from the Judicial Ethics Committee of the Pennsylvania Conference of State
Trial Judges in regard to these conflicts of interest?

If
you have not officially requested a Formal Opinion in regards to your
eligibility to actually serve as the District Judge in Bethlehem Township, I
ask you do so immediately. These conflicts pose a great concern to me and other
voters of Bethlehem Township and the residents of the community where we live. As
a judicial candidate, I believe you have an obligation to get a formal opinion.
The voters should be asked to consider only those candidates who are free of
any conflicts of interest or appearance of conflicts of interest in the primary
and general election, to preserve the sanctity of the criminal justice
system.

While I think that both Blake and Broscius would bring different, yet valuable, perspectives to the post and would make fine M.D. judges, I can't help but think of this letter as a bit of a red herring.

I just browsed through the code of judicial conduct ( http://www.pacode.com/secure/data/207/chapter33/chap33toc.html ). I assume the writer is referring to Rules 2.4 (b), 2.7, and 2.11. For the work the Magisterial District level actually does, which would deal with the preliminary-level process, and not presiding over a jury trial I do not see the issues raised as creating in and of themselves a conflict, or perceived conflict. Any felonies his brother or wife would be involved in, are resolved ultimately at a later stage. The issues the DM does have final judgement on are summary offenses, etc.

Judge Barner was the former Police Chief of BT. One could have used your same red herring of potential bias, and it would have been baseless, as he has served honorably in his position.

If Blake were running for Common Pleas, I think this would be a valid issue (more so because of his wife). I do not see the mere fact that his brother is a Sgt, any more of an issue than a former officer chief (or other former police officers) serving as DMs.

Actually, I think a police chief running for MDJ in the district he serves would be a problem. I am concerned that there is an inherent conflict in ruling on any case broght by his brother, as well as anyone under his brother's supervision. I am concerned that he would be disqualified from heqaring all felonies, in which the DA does send a prosecutor. His wife is conflicted, and that would apply to everyone in the DA's office.

If I am wriong, that's a good thing bc I think Bill is a great guy. But I'd like to see an advisory opinion from somewhere if that is possible.